Texas Habitability: Duty to Repair Under § 92.052; Repair-and-Deduct Under § 92.0561

Tex. Prop. Code § 92.052(a) requires a landlord to "make a diligent effort to repair or remedy a condition" if the tenant gives notice, is not delinquent in rent, and the condition "materially affects the physical health or safety of an ordinary tenant." Under § 92.056 the tenant must notify the landlord; unless the first notice went by certified mail or tracked delivery, a second written notice is required, and "there is a rebuttable presumption that seven days is a reasonable time" to repair. Once liable, the tenant may terminate the lease, seek judicial repair and damages, or repair-and-deduct. Section 92.0561(b) caps the deduction: it "may not exceed the amount of one month's rent under the lease or $500, whichever is greater."

If a landlord fails to repair after proper notice, § 92.056 lets the tenant terminate the lease, deduct repair costs, or sue for a court repair order, actual damages, a civil penalty of one month's rent plus $500, attorney's fees, and court costs.